A Process of Unnatural Selection

Unfolding Cases of Corruption at Constitutional Court Raise Doubts on Results Baliís Last Race for Governor

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(11/3/2013)

A self-styled Command Post for Constitutional Complaints MMD set up at the Jakarta offices of Mahfud MD on Jalan Dempo Nomor 3, Jakarta has received 10 separate complaints concerning cases suspected of criminal malfeasance by the Indonesian Constitutional Court following the arrest by anti-corruption officers of the chief of the Constitutional Court, Ali Mochtar.

Six of the ten cases call into question decision made by the Constitutional Court that determined the winner of regional elections.

Bali Governor's Race Called into Question

According to Kompas.com, one case in which the possibility of bribes paid to the Constitutional Court is strongly indicated was in the decision that ruled Governor Pastika as the winner in the race to lead the province of Bali.

The chairman of the legal team for Command Post for Constitution Complaints, Ari Yusuf Amir, said his team is handling cases questioning past decisions of the Constitutional Court where bribery, ethics violations or the quality of the decision are being called into question. Amir said the case in which there is the strongest indication of a bribery is the case that decided Bali’s governor.

“In the election of Bali’s governor there is an indication of bribery. The decision from the court allowed indirect voting with representatives casting proxy votes for others. This is at absolute odds with the principles in place,” said Air on Saturday, November 2, 2013.

Ari said that the Constitutional Court in a decision led by the now disgraced Ali Mochtar ruled that people were allowed to have their vote cast by others at 138 polling places in an election in which Governor Pastika won by only 966 votes.

Ari said that if the indirect system of "proxy" voting had not been allowed by the Constitutional Court a new election would have been mandated by the Court.

In the Bali governor's race votes were cast by “representatives” comprised of family members and community leaders claiming to have the proxy of the non-attending voter.

Detik.com quoted Arie, saying: “The problem is why would the judges ratify representative voting? In fact, the Basic Election Laws and the 1945 Constitution demands that voting is done directly in a free, secret and just manner.”

Any findings of bribery or ethical failings by the Constitutional Court under Mochtar’s leadership remain problematic as decision by the Constitutional Court are final and not subject to further judicial review.

Mochtar wrote a decision for the Constitutional Court rejecting a challenge filed by Anak Agung Ngurah Puspayoga and Dewa Nyoman Sukraman of the PDI-P party. The Court eventually ruled that Governor Pastika and his running mate Ketut Sudikerta has won the race, winning by the narrow margin of 966 votes.
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